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Breath testing, novice drivers - Section 48.1
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PostPosted: Thu Jan 24, 2008 10:18 am 
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Breath testing, novice drivers Application of subss. (2), (3) and (4) - 48.1

(1) Subsections (2) and (3) apply and subsection (4) does not apply if the police officer who stops a novice driver uses one screening device for the purposes of section 48 and another screening device for the purposes of this section, and subsection (4) applies and subsections (2) and (3) do not apply if the police officer uses one screening device for the purposes of both section 48 and this section. 1993, c. 40, s. 5.

Screening device test, novice drivers

(2) Where a novice driver has been brought to a stop by a police officer under the authority of this Act and has provided a sample of breath under section 48 which, on analysis registers “Pass”, but the police officer reasonably suspects that the novice driver has alcohol in his or her body, the police officer may, for the purposes of determining compliance with the regulations respecting novice drivers, demand that the novice driver provide within a reasonable time such a sample of breath as, in the opinion of the police officer, is necessary to enable a proper analysis of the breath to be made by means of a provincially approved screening device and, where necessary, to accompany the police officer for the purpose of enabling such a sample of breath to be taken. 1993, c. 40, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2007, chapter 13, subsection 11 (1) by adding “or otherwise indicates that the novice driver has no alcohol in his or her body” after “registers “Pass””. See: 2007, c. 13, ss. 11 (1), 49 (2).

Surrender of licence

(3) Where, upon demand of a police officer made under subsection (2), a novice driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by a provincially approved screening device, registers “Presence of Alcohol”, the police officer may request the novice driver to surrender his or her driver’s licence. 1993, c. 40, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2007, chapter 13, subsection 11 (2) by adding “or otherwise indicates that the novice driver has alcohol in his or her body” after “registers “Presence of Alcohol””. See: 2007, c. 13, ss. 11 (2), 49 (2).

Same

(4) Where a novice driver has been brought to a stop by a police officer under the authority of this Act and has provided a sample of breath under section 48 which, on analysis registers “Warn”, “Alert” or “Presence of Alcohol”, or, upon demand of a police officer made under section 254 of the Criminal Code (Canada), fails or refuses to provide a sample of breath, the police officer may request the novice driver to surrender his or her licence. 1993, c. 40, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 2007, chapter 13, subsection 11 (3) by adding “or otherwise indicates that the novice driver has alcohol in his or her body” after “registers “Warn”, “Alert” or “Presence of Alcohol””. See: 2007, c. 13, ss. 11 (3), 49 (2).

Suspension of licence for twelve hours

(5) Upon a request being made under subsection (3) or (4), the novice driver to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the novice driver is unable or fails to surrender the licence to the police officer, his or her licence is suspended and invalid for any purpose for a period of twelve hours from the time the request is made. 1993, c. 40, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by the Statutes of Ontario, 2007, chapter 13, subsection 11 (4) by striking out “and invalid for any purpose”. See: 2007, c. 13, ss. 11 (4), 49 (2).

Further analysis

(6) Where an analysis of the breath of the novice driver under subsection (3) or (4) registers “Warn”, “Alert” or “Presence of Alcohol”, the novice driver may require a further analysis to be performed in the manner provided in subsection 48 (3), in which case the result obtained on the further analysis governs and any suspension resulting from an analysis under subsection (3) or (4) continues or terminates accordingly. 1993, c. 40, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by the Statutes of Ontario, 2007, chapter 13, subsection 11 (5) by adding “or otherwise indicates that the novice driver has alcohol in his or her body” after “registers “Warn”, “Alert” or “Presence of Alcohol””. See: 2007, c. 13, ss. 11 (5), 49 (2).

Calibration of screening device

(7) For the purposes of this section, the provincially approved screening device shall be calibrated to register “Presence of Alcohol” if the concentration of alcohol in the blood of the person whose breath is being analyzed is as prescribed by the regulations, and despite anything in this section, the reading on a provincially approved screening device for “Presence of Alcohol” may be another term or symbol that conveys the same meaning. 1993, c. 40, s. 5.

Same

(8) It shall be presumed, in the absence of proof to the contrary, that any provincially approved screening device used for the purposes of this section has been calibrated as required by the regulations. 1993, c. 40, s. 5.

Intent of suspension

(9) The suspension of a licence under this section is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1993, c. 40, s. 5.

Duty of officer

(10) Every officer who asks for the surrender of a licence under this section shall keep a written record of the licence received with the name and address of the person and the date and time of the suspension and, at the time of receiving the licence, shall return the Photo Card portion of the licence, if the licence consists of a Photo Card and Licence Card, and provide the licensee with a written statement of the time from which the suspension takes effect, the length of the period during which the licence is suspended and the place where the licence or Licence Card portion of it may be recovered. 1993, c. 40, s. 5.

Removal of vehicle

(11) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case, the officer shall notify the person of the location of the storage. 1993, c. 40, s. 5.

Cost of removal

(12) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 1993, c. 40, s. 5.

Offence

(13) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section. 1993, c. 40, s. 5.

Definitions

(14) In this section,

“novice driver” has the meaning prescribed by the regulations made under section 57.1; (“conducteur débutant”)

“provincially approved screening device” means a device of a kind that is designed to ascertain the presence of alcohol in the blood of a person and that is prescribed for the purposes of this section by the regulations made under section 57.1. (“appareil de détection approuvé par la province”) 1993, c. 40, s. 5.


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